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certain of those years, a loss attributable to petitioner’s
interest in a partnership, and (3) for one of those years, income
from an S corporation. Each of petitioner’s 1988, 1989, and 1992
returns included a schedule which showed an exchange of proper-
ties from which petitioner realized capital gain.
In the notice of deficiency issued to petitioner for 1993
(notice), respondent determined, inter alia, to disallow the
$109,482 that petitioner claimed in his 1993 return as “Other
* * * losses”.
OPINION
Petitioner bears the burden of proving that the determina-
tions in the notice are erroneous. See Rule 142(a); Welch v.
Helvering, 290 U.S. 111, 115 (1933).
In his 1993 return, petitioner claimed with respect to the
Miller loan that he had a loss of $109,482 from the sale or
exchange of property used in a trade or business. Petitioner
changed his return position at trial and on brief. Petitioner
7(...continued)
Year Number of
of Return Properties
1979 5
1987 5
1989 2
1991 3
1992 3
1993 4
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